In premises liability cases, as slip and falls
are known, a great deal depends on the nature of the hazard, how long the
homeowner knew of its existence, and whether they tried to remedy it. Homeowner
liability is generally based on whether they failed to maintain the property,
warn anyone about potentials hazards, or were negligent. Keep in mind that
simply falling at someone’s home does not necessarily mean they were at fault.
Because homeowners should carry
liability insurance, they usually do not pay any settlements or judgments out
of pocket. Some people may feel
reluctant to sue someone they know, but the homeowner is not personally paying
damages, such as medical bills and lost wages.
The New York City personal injury lawyers of Douglas & London will investigate your case and help you receive the compensation you deserve for your injuries. We will negotiate with the homeowner’s insurance company and also assist you if the insurer states they are not responsible.
Call our experienced slip and fall attorneys for a free consultation!
Common Causes of
Slip and Falls
Common causes of slip and fall accidents in which the homeowner may prove liable include:
- Failure to remove
ice and snow from walkways and driveways - No warnings
posted in areas under construction - Cracked pavement
or driveways - Broken tiles,
stairs, or handrails indoors - Debris left in
walkways or otherwise causing a trip hazard - Bad lighting,
especially around stairs or entryways - Spills
- Frayed or torn
carpets
Homeowner
Defenses
The injured party should expect that,
in most cases, the homeowner’s insurance company or their attorney will mount a
vigorous defense. For example, if the person who fell was busy looking at their
phone at the time, the defense will argue that this individual was not paying
attention and is at fault.
The homeowner may also claim that the
danger was obvious to anyone, or that they were on the property in where
visitors were not permitted. If the victim was wearing improper footwear, that
might also prove key to the defense.
Much boils down to what a “reasonable”
person would do. Is it reasonable that they knew about the issue causing the
fall and had the time to ameliorate it? Was the hazard present for a considerable
amount of time? The answers to these questions may determine the outcome of the
claim.
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What to Do After
a Slip and Fall
No matter where it occurs, immediately documenting the scene is critical. Take photos or videos, paying particular note to any obvious causes, such as broken or uneven pavement. This will help your personal injury lawyer build your case later. Seek medical attention right away, even if you do not think initially that you were seriously hurt. Failure to do so will harm your claim, and the homeowner’s insurance company will allege that your injury took place elsewhere.
Injured in a slip and fall accident? Tap to call for a FREE consultation!
Shared Fault
Often, both the homeowner and the
victim are both liable. For example, the homeowner was negligent in the
maintenance of the property, but the victim was distracted and could have
avoided it. In these situations, at trial, the jury may find shared fault under
New York’s pure comparative negligence law. That means any damages received by
the victim are lowered by the percent of fault for which they are responsible.
If the victim is found 30 percent at fault and is awarded damages of $10,000,
they will receive $7,000.
Contact us at
Douglas & London today
If you or a loved one suffered a serious injury after slipping and falling at someone’s home, you need the services of our experienced New York City slip and fall lawyers. Schedule a free consultation by completing our online form or calling or texting us 24/7. We will evaluate your case to see if you have a valid claim for a lawsuit and let you know your options. Our attorneys have recovered more than $20 billion for clients in settlements and verdicts.
